October 19, 2018

The Reference Game - Badmouthing the Legal Way

It's very old news that you can be sued for badmouthing a job applicant when, for example, a search firm asks for the lowdown on that professional.

For that very reason, the reference game is becoming an anachronism.

Middlemen such as headhunters and employers have had to dig around in other ways. Those include casually poking around networks, not asking direct questions.

So, it should be no surprise that Sue Reisinger at Law.com found that in-house lawyers do not frequently disparage law firms, at least not in public. After all, they're lawyers. They should know better and usually do.

What in-house lawyers do do is recommend law firms they perceive as excellent. By not mentioning others the message is clear: Rule out those not cited.

When I rolled into town, I asked a lawyer I met about X car dealer and the quality of its service work. His response was to recommend another car dealer. X never entered the conversation.

Takeaway: There are myriad legal ways to throw shade on other professionals.

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